Category Archives: Trademark

Trademark Likelihood of Confusion, in Triathlon Products

Posted on May 9, 2013 by Tom

Today, a basic primer on trademark infringement and an example of something that seems pretty clear. A registered trademark gives the owner the right to prevent anyone from using a mark in a way that is likely to cause confusion. … Continue reading →

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Angelo’s, In-N-Out Burger, and their Confusingly Similar Signs

Posted on April 12, 2013 by Tom

A few weekends ago I competed at Ironman 70.3 Oceanside in California. Oceanside has some restaurants I’ve not seen anywhere else before, in the country or even in California. One of those was a place called Angelo’s, which served everything … Continue reading →

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Trademark Designations: TM / MC

Posted on February 4, 2013 by Tom

I saw a designation I’ve not seen before on some packaging at Costco this weekend.  We walked down the coffee aisle, and the Starbucks VIA coffee packets were branded with a NEVER BE WITHOUT GREAT COFFEE tagline followed by a … Continue reading →

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Trademark Registration in Clothing Should be Pursued Cautiously

Posted on January 24, 2013 by Tom

I have written previously about the difficulties – or at least the special issues – involved in registering a trademark in connection with clothing.  There is an unfortunate disconnect between the way the Trademark Office views trademarks on clothing and … Continue reading →

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Trademark Specimens

Posted on December 19, 2012 by Tom

Except in a few cases*, a trademark will not be registered until the mark has been used.  The Trademark Office won’t register a trademark unless the applicant provides proof of how the mark is used in commerce.  This is a … Continue reading →

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When a Trademark is Primarily Merely a Surname

Posted on December 6, 2012 by Tom

Jordon Trapnell guest writes: Trademark law states that any mark that is predominantly a last name cannot be registered as a federal trademark on the Principal Register.  The law identifies such a name as “primarily merely” a surname, meaning the … Continue reading →

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Triathlon Trademark or Copyright Infringement in Magazines

Posted on November 19, 2012 by Tom

What are the issues presented by the most recent editions of Triathlete and Lava magazines? Are there any? If so, could they have been avoided? For the record, Lava issued a week or two after Triathlete.

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Certification Marks

Posted on October 23, 2012 by Tom

Jordon Trapnell guest writes: Take a close look at the back of the electronics or appliances around your house, and it will be easy to pick out a variety of obscure little logos that don’t relate to the manufacturer.  These … Continue reading →

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Disclaimer Required in TEAM LIVESTRONG Trademark

Posted on September 14, 2012 by Tom

The Lance Armstrong Foundation recently lost an appeal at the Trademark Trial and Appeal Board regarding its trademark application for TEAM LIVESTRONG as it relates to the organization of sports events in the field of running, walking, cycling, and swimming; … Continue reading →

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Australia’s Cigarette Packaging and Trademark Owner’s Ability to Distinguish Themselves

Posted on August 20, 2012 by Tom

I saw on the BBC a few days ago that Australia’s High Court had supported a new law requiring cigarette packs to be wrapped in some fairly revolting advertising.  Australia already had very restrictive cigarette advertising laws.  The packs will … Continue reading →

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